First, online fraud.
Whoever commits this crime in length shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined;
2. If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined;
3. If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.
According to Article 1 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud (implemented on April 8, 20 1/), if the amount of fraudulent public or private property is more than 3,000 yuan110,000 yuan, more than 30,000 yuan110,000 yuan and more than 500,000 yuan, It shall be deemed as "relatively large amount" and "a" The higher people's courts and people's procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government may jointly study and determine the specific amount standards implemented in their respective regions within the scope of the amount specified in the preceding paragraph, and report them to the Supreme People's Court and the Supreme People's Procuratorate for the record. Whoever commits telecommunication network fraud for many times within two years without treatment and the accumulated amount of fraud constitutes a crime shall be convicted and punished according to law.
Second, punish telecommunication network fraud.
Whoever commits the crime of telecommunication network fraud and reaches the corresponding amount standard shall be given a heavier punishment as appropriate under any of the following circumstances:
1, causing serious consequences such as suicide, death or mental disorder of the victim or his close relatives;
2. Pretending to be the staff of state organs such as judicial organs to commit fraud;
3. Organizing and directing criminal gangs that commit telecommunication network fraud;
4. Implementing telecommunication network fraud overseas;
5. Having received criminal punishment or administrative punishment for telecommunication network fraud within two years;
6. defrauding the property of the disabled, the elderly, minors, students at school, people who have lost their ability to work, or defrauding the property of seriously ill patients and their relatives;
7, defrauding disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief, medical care and other funds and materials;
8. Fraud in the name of social welfare and charity such as disaster relief and fundraising;
9, the use of telephone call system and other technical means to seriously interfere with the work of public security organs and other departments;
10, using "phishing website" link, "Trojan horse" program link, network penetration and other hidden technical means to implement fraud. If the crime of telecommunication network fraud is committed, and the amount of fraud is close to the standards of "huge amount" and "extremely huge amount", and one of the circumstances specified in item (2) above occurs, it shall be deemed as "other serious circumstances" and "other particularly serious circumstances" as specified in Article 266 of the Criminal Law respectively. The "close" in the above provisions should generally be above 80% of the corresponding amount standard.
Third, prevent online fraud.
1, the link should be secure.
Before submitting any sensitive or personal information (especially your credit card number), please ensure that the data is encrypted and transmitted through a secure connection. Both your browser and the server of your website should support relevant industry standards, such as SET(securelectonic Transaction) and SSL(SecureSocketsLayer).
2. Protect computer security
Ensure computer firewall, antivirus software, etc. Keep them up-to-date to prevent all kinds of viruses or trojans from invading. Before conducting large-scale online transactions, it is best to check whether the computer is poisoned.
Online fraud is also a kind of fraud, so how many years can online fraud be sentenced to is the same as the punishment for fraud. Online fraud is punished according to the amount of fraud and the seriousness of the case. The minimum sentence for online fraud is less than three years, and the serious one is more than ten years or even life imprisonment. In daily life, we need to be vigilant about surfing the Internet, don't trust websites and information of unknown origin, and don't disclose personal information to others easily.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: According to the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud (implemented on April 8, 201/year), the amount of fraudulent public and private property is more than 3,000 yuan/kloc-0 to 0,000 yuan, and more than 30,000 yuan/kloc-0 to 0,000 yuan.
According to the provisions of Articles 151 and 152 of the Criminal Law, using economic contracts to defraud other people's property, if the amount is relatively large, constitutes the crime of fraud. Where an economic contract is used for fraud, the amount of fraud shall be determined by the actual amount of fraud by the actor, and the amount of the subject matter of the contract can be considered as a sentencing circumstance. If the actor has one of the following circumstances, it shall be deemed that his behavior belongs to fraud by using economic contracts for the purpose of illegal possession.